Legal Evaluation of Each Statement
EP-Y was refused at oral proceedings on 4 September 2025. After oral proceedings, the decision must be put in writing and notified to the parties.
You received the written reasoned decision on 17 September 2025 (treated by the question as the relevant notification date for calculating the appeal periods).
Legal framework: time limits and required submissions - Under Article 108 EPC:
- the notice of appeal must be filed within two months of notification of the decision; and
- the statement of grounds of appeal must be filed within four months of notification.
The Guidelines confirm the same starting point (notification date).
Legal Evaluation of Each Statement
a) Notice of appeal must be filed at latest by 04 November 2025 — False
The two-month period runs from notification of the written decision (not from the oral announcement).
From 17 September 2025, two months expires on 17 November 2025. Therefore, “04 November 2025” is too early and the statement is false.
b) Grounds (and possibly amendments) must be filed together with the notice — False
Article 108 EPC clearly separates the acts:
- notice (+ fee) within 2 months, and
- grounds within 4 months of notification.
So the grounds do not have to be filed together with the notice (though they can be filed earlier).
c) Examining division shall rectify if it finds the appeal admissible and well-founded — True
Under Article 109(1) EPC, the department whose decision is contested (here: the examining division) shall rectify its decision if it considers the appeal admissible and well-founded.
The exception (“where the appellant is opposed by another party”) does not apply in a normal ex parte refusal appeal.
d) Appeal fee is always reimbursed if the Board sets aside the decision — False
Reimbursement is governed by Rule 103 EPC and depends on specific circumstances; it is not automatic merely because the Board sets aside the decision.
For example, full reimbursement is typically linked (inter alia) to situations such as a substantial procedural violation and equity; the Guidelines summarise that reimbursement is ordered only under the Rule 103 framework.
Exam Tip:
- In appeal questions, ignore the oral announcement date for time limits: always start from notification of the written decision (Art. 108 EPC; Rule 111 EPC).
- Memorise 2 months / 4 months from Art. 108 EPC (notice+fee vs grounds).
- Interlocutory revision (Art. 109) is mandatory if the first instance considers the appeal admissible and well-founded (ex parte).
- Fee reimbursement is never “automatic”—always check Rule 103 EPC conditions.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.